[Federal Register Volume 68, Number 157 (Thursday, August 14, 2003)]
[Rules and Regulations]
[Pages 48558-48561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20428]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[KY-200334(a); FRL-7542-6]


Approval and Promulgation of State Plan for Designated Facilities 
and Pollutants; Commonwealth of Kentucky and Jefferson County, KY

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the Commercial and Industrial Solid Waste 
Incineration (CISWI) units section 111(d) negative declaration 
submitted by the Commonwealth of Kentucky (state) and Jefferson County, 
Kentucky (local). This negative declaration certifies that CISWI units 
subject to the requirements of sections 111(d) and 129 of the Clean Air 
Act (CAA) do not exist in the Commonwealth of Kentucky and Jefferson 
County, Kentucky.

DATES: This direct final rule is effective October 14, 2003 without 
further notice, unless EPA receives adverse comment by September 15, 
2003. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Comments may be submitted by mail to: Joydeb Majumder, Air 
Toxics and Monitoring Branch, U.S. Environmental Protection Agency 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Comments 
may also be submitted electronically, or through hand delivery/courier; 
please follow the detailed instructions described in sections I.B.1.i. 
through iii. of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Joydeb Majumder, Air Toxics and 
Monitoring Branch, or Michele Notarianni, Air Planning Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. Mr. Majumder can also be reached by telephone at (404) 562-
9121 and via electronic mail at [email protected]. Ms. Notarianni 
may be reached by telephone at (404) 562-9031 and via electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under KY-200334. The official public file consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public rulemaking file does not include 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public rulemaking 
file is the collection of materials that is available for public 
viewing at the Regulatory Development Section, Air Planning Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency

[[Page 48559]]

Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA 
requests that if at all possible, you contact the contacts listed in 
the For Further Information Contact section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 9 to 3:30, excluding Federal holidays.
    2. Copies of the State submittal and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment at the State and Local Air Agency. 
Commonwealth of Kentucky, Division for Air Quality, 803 Schenkel Lane, 
Frankfort, Kentucky 40601-1403. (502/573-3382). Air Pollution Control 
District of Jefferson County, 850 Barrett Avenue--Suite 200, 
Louisville, Kentucky 40204. (502/574-6000)
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking KY-200334'' in the subject line 
on the first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected]. Please include the text ``Public comment on 
proposed rulemaking KY-200334'' in the subject line. EPA's e-mail 
system is not an ``anonymous access'' system. If you send an e-mail 
comment directly without going through Regulations.gov, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket.
    ii. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then select 
Environmental Protection Agency at the top of the page and use the go 
button. The list of current EPA actions available for comment will be 
listed. Please follow the online instructions for submitting comments. 
The system is an ``anonymous access'' system, which means EPA will not 
know your identity, e-mail address, or other contact information unless 
you provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Joydeb Majumder, Air Toxics and 
Monitoring Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Please include the text ``Public comment 
on proposed rulemaking KY-200334'' in the subject line on the first 
page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Joydeb 
Majumder, Air Toxics and Monitoring Branch, Air, Pesticides and Toxics 
Management Division 12th floor, U.S. Environmental Protection Agency 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 9 to 3:30, excluding Federal holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:

1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that support 
your views.

[[Page 48560]]

4. If you estimate potential burden or costs, explain how you arrived 
at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline 
identified.
8. To ensure proper receipt by EPA, identify the appropriate regional 
file/rulemaking identification number in the subject line on the first 
page of your response. It would also be helpful if you provided the 
name, date, and Federal Register citation related to your comments.

II. Analysis of Submittal

    Section 111(d) of the CAA requires states to submit plans to 
control certain pollutants (designated pollutants) at existing 
facilities (designated facilities) whenever standards of performance 
have been established under section 111(d) for new sources of the same 
type, and EPA has established emissions guidelines for such existing 
sources. A designated pollutant is any pollutant for which no air 
quality criteria have been issued, and which is not included on a list 
published under section 108(a) or section 112(b)(1)(A) of the CAA, but 
emissions of which are subject to a standard of performance for new 
stationary sources.
    The emission guidelines for CISWI units were promulgated in 
December 2000, and the emission guidelines are codified at 40 CFR part 
60, subpart DDDD. Subpart B of 40 CFR part 60 establishes procedures to 
be followed and requirements to be met in the development and 
submission of state plans for controlling designated pollutants. Part 
62 of the CFR provides the procedural framework for the submission of 
these plans. When designated facilities are located under the 
jurisdiction of a state and local, state and local agencies must 
develop and submit a plan for their respective jurisdictions for the 
control of designated pollutants. However, 40 CFR 62.06 provides that 
if there are no existing sources of the designated pollutants in the 
state and local, the state and local may submit a letter of 
certification to that effect, or negative declaration, in lieu of a 
plan. The negative declaration exempts the state and local from the 
requirements of subpart B for that designated pollutant.

III. Final Action

    The Commonwealth of Kentucky and Jefferson County, Kentucky have 
determined that there are no existing sources in the Commonwealth and 
in the County subject to the CISWI units emission guidelines. 
Consequently, the Commonwealth of Kentucky and Jefferson County, 
Kentucky, have submitted letters of negative declaration certifying 
this fact. EPA is taking final action to approve these negative 
declarations.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the state negative 
declarations should adverse comments be filed. This rule will be 
effective October 14, 2003 without further notice unless the Agency 
receives adverse comments by September 15, 2003.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on October 14, 2003 and no 
further action will be taken on the proposed rule.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state negative declarations as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.). Because this rule approves pre-existing requirements 
under state law and does not impose any additional enforceable duty 
beyond that required by state law, it does not contain any unfunded 
mandate or significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing state plan submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a state submission for failure to use VCS. It would thus 
be inconsistent with applicable law for EPA, when it reviews a state 
submission, to use VCS in place of a state submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in

[[Page 48561]]

the Federal Register. A major rule cannot take effect until 60 days 
after it is published in the Federal Register. This action is not a 
``major rule'' as defined by 5 U.S.C. section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 14, 2003. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects 40 CFR Part 62

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Particulate matter, Sulfur oxides.

    Dated: July 23, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart S--Kentucky

0
2. Subpart S is amended by adding an undesignated center heading and 
Sec.  62.4372 to read as follows:

Air Emissions From Commercial and Industrial Solid Waste Incineration 
Units


Sec.  62.4372  Identification of plan--negative declaration.

    Letters from the Commonwealth of Kentucky Department for 
Environmental Protection, and from the Jefferson County, Kentucky, Air 
Pollution Control District were submitted on March 5, 2001, and April 
21, 2003, certifying that there are no Commercial and Industrial Solid 
Waste Incineration units subject to 40 CFR part 60, subpart DDDD.

[FR Doc. 03-20428 Filed 8-13-03; 8:45 am]
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